it stated the suspects involved have been questioned and discipline near action will be taken. >>> fresh testimony at the pretrial hearing for bradley manning, the private charged with giving u.s. government secrets to wikileaks. at issue whether the nine months manning spent in the brig amounted to illegal punishment, and if it did, should the case be dismissed because of it? today the top administrator says brig officials used improper procedures to recommend that manning be held in maximum custody. >>> tonight we've got an update on the tragic death of a new york city man whose final moments were captured in that picture. tonight a 30-year-old homeless man faces second-degree charges of murder. davis is accused of shoving that victim following a confrontation. davis has a long record in new york and pennsylvania. police say the victim tried to climb a few feet to safety but got trapped between the train and the platform's edge. what was planned as a birthday party for jazz great dave brubeck is now becoming a memorial tribute. brubeck died today in connecticut one day shy of his 92nd